HomeMy WebLinkAboutOrdinance - 2006-O0106 - Amending Ordinance: Case 3068; Limited To Auto Repair; Muffler Shop; Paintless - 09/28/2006First Reading
September 28, 2006
Item Bo. 6.3
ORDINANCE NO. 2006-00106
Second Reading
October 13, 2006
Item No. 5.6
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3068; A ZONING CHANGE FROM C-2 TO C-4
LIMITED TO AN AUTO REPAIR AND MUFFLER SHOP OR C-3 LIMITED TO
PAINLESS DENT REMOVAL AND ALL UNCONDITIONALLY PERMITTED
C-2 USES ON LOTS 8 AND 9, BLOCK 3, TAYLOR HEIGHTS ADDITION,
LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY;
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
WHEREAS, the proposed changes in zoning as hereinafter made have been duly
presented to the Planning and Zoning Commission for its recommendation which was
received by the City Council and, after due consideration, the City Council found that
due to changed conditions, it would be expedient and in the interest of the public
health, safety and general welfare to make those proposed changes in zoning; and
WHEREAS, all conditions precedent required by law for a valid amendment to
the Zoning Ordinance and Map have been fully complied with, including giving notices
in compliance with Section 29-29 of the Code of Ordinances, City of Lubbock, Texas,
and the notices provided by the Texas Local Government Code §211.007 (Vernon,
1990), and notice was duly published in the Lubbock A valanche-Joumal more than
fifteen (15) days prior to the date of the public hearing before the City Council on such
proposed amendment, and the public hearing according to said notice, was held in the
City Council Chamber of the Municipal Building, Lubbock, Texas, at which time
persons appeared in support of the proposal; and after said bearing, it was by the City
Council determined that it would be in the public interest, due to changed conditions,
that the Zoning Ordinance and the Zoning Map be amended in the manner hereinafter
set forth in the body of this Ordinance and this Ordinance having been introduced prior
to first reading hereof; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
ZONE CASE NO. 3068
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
1. A change of zoning under the provisions of Section 29-29 of the Code of
Ordinances of the City of Lubbock from C-2 to C-4 limited to an auto
repair and muffler shop or C-3 limited to paintless dent removal and all
unconditionally permitted C-2 uses on Lots 8 and 9, Block 3, Taylor
Heights Addition, City of Lubbock, Lubbock County, Texas, located at
3618 and 3620 34th Street, and subject to conditions.
SUBJECT TO THE FOLLOWING CONDITIONS:
1. THAT As C-4, the parcels are limited to a minor auto repair (no body
work and no paint booth) and muffler repair shop.
2. THAT the property may be used as one permitted C-3 use, paintless dent
removal.
3. THAT should the uses noted in #1 and #2 be discontinued, the permitted
uses on the parcels shall conform to C-2 permitted uses.
SECTION 2. THAT violation of any provision of this Ordinance shall be
deemed a misdemeanor punishable by fine not to exceed Two Thousand and No/100
Dollars ($2,000.00) as provided in Section 29-31 of the Zoning Ordinance of the City
of Lubbock.
SECTION 3. THAT should any paragraph, sentence, clause, phrase or word of
this Ordinance be declared unconstitutional or invalid for any reason, the remainder of
this Ordinance shall not be affected thereby.
SECTION 4. THAT the City Secretary is hereby authorized to cause
publication of the descriptive caption of this Ordinance as an alternative method
provided by law.
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 28th day of September , 2006.
Passed by the City Council on second reading this 13th day of October , 2006.
ATTEST:
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DAVIDA.MiLLER,MAYOR
Zone Case No. 3068
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APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
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Linda L. Chamales
Senior Attorney Office Practice
as/ CITYATT/LINDAIZONE CASES/zc3068
September 7, 2006
'Zone Case No. 3068
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